January 29, 2001

Mr. Irwin Garskof
U.S. Army Corps of Engineers
PA Field Office
3947 South Atherton Street, Suite A
State College, PA 16801

Dear Mr. Garskof:

At the December 20, 2000 meeting of the Agricultural Advisory Board to the PA Department of Environmental Protection (DEP), the Board members voiced their concerns over the red tape, financial burden, and bureaucracy faced by the agricultural community when constructing or maintaining farm ponds. This topic was discussed in response to a letter the Board received from State Representative Victor Lescovitz (D-Washington County), regarding concerns he had received from farmers about this issue.

The Agricultural Advisory Board to DEP is a legislatively mandated Board composed of farmers, agricultural businesses, state legislators, and state and federal regulatory agencies. The major responsibility of the Board is to review and provide comments on environmental rules, regulations, and policies that regulate or affect agriculture in the Commonwealth. The Board is also to provide advice and expertise to the secretary of DEP regarding the nature of agriculture in the Commonwealth.

The Board noted that farm ponds serve many necessary and vital functions to the agricultural communities and rural areas of the state. Farm ponds provide a source of drinking water for livestock, which may be critical when faced with a drought situation, which the state of Pennsylvania has faced several times in the past few years. Farm ponds also provide a water source in rural areas for fire protection purposes. Many times farm ponds are the only source of available water for battling rural fires, and as such provide a critical resource for the protection of lives and property. Farm ponds also provide opportunities for recreational use in rural areas where limited recreational facilities may be available. The Board also noted that in the past few years the state of Pennsylvania has seen a net increase in the number of wetlands in the state. The Board believes that this net increase of wetlands should provide opportunities for farmers to build farm ponds in wetland areas since farm ponds serve the vital functions as noted above, while the state will not see a significant impact on its wetland numbers.

Since your agency is involved in the permitting and approval process for the construction and maintenance of farm ponds, the Board recommends that your agency explore ways to expedite and simplify the process for farmers seeking the necessary permits and approvals. Many in the agricultural community do not realize the regulatory complexities relating to pond development. This streamlined process will ease the red tape, financial burden, and bureaucracy currently faced by the agricultural community when constructing or maintaining farm ponds. As noted above, farm ponds serve a necessary and vital function for the agricultural and rural communities where they are located. The construction and maintenance of farm ponds should be encouraged and the permit approval process streamlined to facilitate the permit and approval process.

Thank you for your consideration on this matter. If I may be of further assistance, please contact me at (717) 761-2740.